AOL Class Action Filed

WASHINGTON, Feb. 2, 2000 -- A class action lawsuit charges that America Online's new Version 5.0 software unlawfully blocks access to rival Internet service providers.

The suit filed in federal district court in Alexandria, Va., accuses AOL of engaging in deceptive trade practices and violating consumer protection laws.

The suit seeks damages of up to $1,000 for each of the 8 million consumers estimated to have installed the software.

Lead plaintiff Farhad Khazai of Gaithersburg, Md., contends that when users upgrade to Version 5.0, it blocks their ability to continue using other Internet providers, as they had been able to do under earlier versions.

The blockage occurs only if the user specifies that he wants to use AOL as the "default" Internet access. The company has said that technical support calls have been 20 percent lower for users of the new version.

The Washington Post reported that beta testers of the new software had complained to AOL about the feature months before AOL issued the final version.

The lawsuit was filed by Kenneth Yates, a Gaithersburg, Md., lawyer. Assisting is Gathings, Kennedy and Associates, a Birmingham, Ala., law firm that has tried many large class action cases.

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